HomeMy WebLinkAbout25 - Resub 1006 - Corporate Plaza WestMay 9, 2000
CITY COUNCIL AGENDA
ITEM NO. io
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE
PLAZA WEST (RESUBDIVISION NO. 1006)
LOCATION: Northwest Corner of East Coast Highway and Newport Center Drive
DEVELOPER: The Irvine Company
RECOMMENDATIONS:
1. Approve a subdivision agreement guaranteeing completion of the public
improvements required with Resubdivision No. 1006
2. Authorize the Mayor and the City Clerk to execute the agreement
DISCUSSION:
On August 18, 1994, the City's Modifications Committee conditionally approved
Resubdivision No. 1006. The conditions of approval included the construction of water,
sewer, and roadway improvements.
The developer desires to record the parcel map prior to completion of the public
improvements, which includes the construction of a private road from Farallon Drive to
Clubhouse Drive. In order to guarantee completion of the public improvements, the
developer has executed an appropriate agreement and provided the accompanying
security in the form of bonds (Bond No's. 24 -15 -11 and 24- 15 -12).
The agreement establishes the developer's obligation to complete the public
improvement construction. The faithful performance and the labor and materials
sureties are in the amount of $78,000 each, which is 50 percent of the estimated cost of
the improvements. The $78,000 was split between the property owners, The Irvine
SUBJECT: APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE PLAZA WEST
(RESUBDIVISION NO. 1006)
May 9, 2000
Page 2
Company, and O'Hill Partnership. The Irvine Company provided bonding in the amount
of $62,000 (Bond No. 24- 15 -11) and O'Hill Partnership provided bonding in the amount
of $16,000 (24- 15 -12) totaling $78,000. A copy of the subdivision agreement and
bonds are attached for reference along with a parcel map showing the location of the
development.
Respectfully,,
Ov -
Don Webb
Public Works Director
By: / C �Z
Richard L. Hoffstadt, P.E.
Development Engineer
Attachments: Subdivision agreement and bonds
Parcel Map
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12 1
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
(TRACT/RESUBDIVISION NO. 3ou6)
11L apod
THIS AGREEMENT, made and entered into this IF day of r; ( 1-89_, by
and between The I"ine Company, a Delaware Corporation
whose business address is 550 Newport Center Drive, Newport Beach, CA 92660
and if an individual, whose residence address is
hereinafter referred to as "SUBDIVIDER" and the CITY OF
NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of
its Charter and the Constitution and the laws of the State of California, hereinafter referred
to as "CITY ";
WITNESSETH:
WHEREAS, SUBDIVIDER proposes to subdivide land within the City of Newport
Beach to be known as Tract/Resubdivision No. 1DD6 (hereinafter the "Subdivision ")
pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's
ordinances and regulations relating to the filing, approval and recordation of subdivision
maps, collectively referred to in this Agreement as the "Subdivision Laws. "; and
WHEREAS, Subdivision has been approved, subject to the Subdivision Laws and to
certain requirements and conditions of approval, which are incorporated into this
Agreement by reference ( "Conditions of Approval "); and
WHEREAS, in consideration of approval of the Subdivision by the CITY,
SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to
install and complete, at SUBDIVIDER'S own expense, street and other public improvement
work required by the conditions of approval in connection with the proposed subdivision,
(the "Improvements ") which Improvements, without limitation by enumeration consists of:
The above description of items is understood to be only a general description of the_
Improvements, and not a binding description.
WHEREAS, complete plans for the construction, installation and completion of the
Improvements shall be prepared by SUBDIVIDER and approved by the City Engineer, (the
"Improvement Plans "). All references in this Agreement to the Improvement Plans shall
include reference to any specifications for the Improvements as approved by the City
Engineer; and
11
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WHEREAS, SUBDIVIDER recognizes that by approval of the map for the
Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right
to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to
subdivide the property within the Subdivision. As a result, CITY will be damaged to the
extent of the cost of installation of the Improvements by SUBDIVIDER's failure to perform its
obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to
commence construction of the Improvements by the time established in this Agreement.
CITY shall be entitled to all remedies available to it pursuant to this Agreement and law. It
is specifically recognized that the determination of whether a reversion to acreage or
recision of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER
shall be within the sole discretion of the CITY; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal
Code provide for an Agreement containing certain provisions as hereinafter set out.
NOW, THEREFORE, in consideration of their mutual promises, the Parties hereto
agree as follows:
1. SUBDIVIDER agrees to comply with all requirements of the
Conditions of Approval and with the provisions of the Subdivision Laws.
2. SUBDIVIDER agrees to complete all Improvements in accordance
with Improvement Plans approved by the City Engineer, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the
subdivision. SUBDIVIDER shall acquire and dedicate, or pay the cost of acquisition by
CITY, of all rights -of -way, easements and other interests in real property for construction or
installation of the public improvements, free and clear of all liens and encumbrances. The
SUBDIVIDER's obligations with regard to acquisition by CITY of offsite rights -of -way,
easements and other interests in real property shall be subject to a separate agreement
between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining
any public or private drainage easements or authorization to accommodate the Subdivision.
SUBDIVIDER agrees to complete the Improvements within a period of
36 months from the date hereof, unless the time is extended by the CITY upon written
application of the SUBDIVIDER. The making of an application for an extension of time by
the SUBDIVIDER shall, upon the granting of the application by the CITY, constitute a
waiver by the SUBDIVIDER of all defenses of laches, estoppel, statutes of limitations, and
other limitations of action in any action or proceeding filed by the CITY within the period of
four (4) years immediately following the date to which the time of performance was
extended.
3. The Improvements shall be completed to the satisfaction of the City
Engineer of CITY, and SUBDIVIDER shall pay the costs of inspection of the work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the office of the Public Works Director.
4. If SUBDIVIDER shall fail to complete the Improvements within the
period set out above, or fails to reimburse the CITY for the cost of inspection, CITY may
resort to any security deposited by SUBDIVIDER in accordance with Section 19.16.170 of
the Newport Beach Municipal Code or call upon the surety for SUBDIVIDER to pay for the
Improvements or to supply the money for the completion of the Improvements in
accordance with this Agreement and the provisions of the Newport Beach Municipal Code.
SUBDIVIDER shall also be responsible for the Improvements and the cost thereof.
5. It is further understood and agreed that upon default of any obligation
hereunder, and at any time any such default, the CITY may make written demand upon the
SUBDIVIDER or surety or both to immediately remedy the default or complete the work. If
the remedial activities or completion of work are not commenced within seven (7) days after
such demand is made and are not thereafter diligently prosecuted to completion and fully
completed within thirty (30) days after the making of such demand (or such other time as
may be contained in said demand), the CITY may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the CITY
may be required, all at the full expense and obligation of the SUBDIVIDER and
SUBDIVIDER's surety and all without the necessity of giving any further notice to the
SUBDIVIDER or surety before the CITY performs or arranges for performance of any
remaining work to complete the Improvements, and whether the SUBDIVIDER or surety
have constructed any of the required Improvements at the time. In the event the CITY
elects to complete or arrange for completion of remaining work and improvements the City
Engineer, upon such election, may require all work by the SUBDIVIDER or surety to cease
in order to permit adequate coordination by the CITY for completing any remaining work
and improvements not yet completed.
6. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance of this agreement by furnishing to CITY security in the amount of
Seventy Fight Thousand----------------- - - - - -- dollars ($ 78,000.00 - - -) to guarantee the
performance of this Agreement. The SUBDIVIDER shall provide security in the amount of
Sevety Eight Thousand--- -- - - - --- dollars ($ 78'000.00-- - - - - -- ) to guarantee
payment to any contractors, subcontractors, and persons furnishing labor, materials and
equipment to them for the performance of the work herein described. In addition, the
SUBDIVIDER shall provide security in the amount of
N/ A---------------- -------------- - - - - -- dollars $ N /A- - - - ---
( --- - - - - -) to guarantee
installation of Subdivision monuments required by law. Said security shall be in the form of
Bond #24 -15 -11 a #24- 15- 12------------- - - - - -- -(Bond NosJCertificate of Deposit Nos.
7. The SUBDIVIDER promises and agrees to maintain all of the
Improvements to be constructed under this Agreement in a state of good repair, until all of
the work and Improvements are completed and accepted by or on behalf of the CITY and
until the security for the performance of this Agreement is released. Maintenance of the
Improvements shall include, but shall not be limited to, repair of pavement, curbs, gutters,
sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; and -
shall also include, but not be limited to by this enumeration, sweeping, repairing and
maintaining in good and safe condition all streets and street improvements. Upon failure of
the SUBDIVIDER to properly maintain, the CITY may do all necessary work required by this
paragraph, the cost thereof being chargeable to the SUBDIVIDER and his surety under this
Agreement.
3
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8. The securities required by this Agreement shall be released as
follows:
a. Security given for faithful performance of any act, obligation,
work or agreement shall be released upon the final completion and acceptance of the act or
work.
b. Security given to secure payment to the contractors, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six months
after the completion and acceptance of the work, be reduced to an amount equal to the
total claimed by all claimants for whom liens have been filed and of which notice has been
given to the legislative body, plus an amount reasonably determined by the City Engineer
to be required to assure the performance of any other obligations secured by the Security.
The balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
9. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors
are or shall be considered to be agents of the CITY in connection with the performance of
SUBDIVIDER's obligations under this Agreement.
10. Subdivider guarantees and warranties the Improvements for a period
of one year following completion and acceptance of the Improvements, against any
defective work or labor done to construct the Improvements or defective materials
fumished.
11. Indemnity /Hold Harmless. CITY or any officer or employee thereof
shall not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement.
SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its
officials and employees from any and all claims, demands, causes of action, liability or loss
of any sort, because of, or arising out of, the negligent or intentional acts or omissions of
SUBDIVIDER, its agents or employees in the performance of this Agreement, including all
claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or
in part, the design or construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of said subdivision, and the public
improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public drainage
systems, streets and other public improvements. Acceptance by the CITY of the
Improvements shall not constitute an assumption by the CITY of any responsibility for any
damage or taking covered by this paragraph.
12. CITY shall not be responsible for the design or construction of the
subdivision or the Improvements pursuant to the approved Improvement Plans or map,
regardless of any negligent action or inaction taken by the CITY in approving the plans or
map, unless the particular improvement design was specifically required by CITY over
written objection by SUBDIVIDER submitted to the City Engineer before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible design.
After acceptance of the Improvements, the SUBDIVIDER shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction
defect, however SUBDIVIDER shall not be responsible for routine maintenance. It is the
4
intent of this section that SUBDIVIDER shall be responsible for all liability for design and
construction of the Improvements installed or work done pursuant to this Agreement and
that CITY shall not be liable for any negligence, nonfeasance, misfeasance and
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or
in approving, reviewing or inspecting any work or construction. The improvement security
shall not be required to cover the provisions of this paragraph.
13. If the SUBDIVIDER and the surety fail to install all or any part of the
Improvements required by this Agreement within the time set forth herein, or fail to comply
with any other obligation contained herein, they shall be jointly and severally liable to the
CITY for any administrative expenses and attorney's fees and costs incurred in obtaining
compliance with this Agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, SUBDIVIDER has executed this Agreement and the CITY
OF NEWPORT BEACH has caused its corporate name and seal to be affixed by its Mayor
and City Clerk thereunto duly authorized as of the day and year first above written.
ATTEST.
City Clerk
APPROVED AS TO FORM:
City Attorney
IMPROVEAGT
10!8/92
CITY OF NEWPORT BEACH,
a municipal corporation
A
Mayor
SUBDIVIDER
The Irvine Co pa a 111ilaware Corporation
By:
Millis R. Halford, President
Irvine Office Company,
a division of The ,Irvine Company
BY: ®.div�y. —Z /Y�l -sue
Vincent P. Hayes, Assistant Secretary
%% 5
� A P P,P
W �jl D
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On AP f-; 11�, 2-004 before me, Sandra L. Erickson, Notary Public ,
� Date Name and Title of Officer (e.g., "Jane Doe, Notary Public')
11MMINITIMPrererrme �1� /Ihtilll� \!!•�rlllUl•".�i 1 "1 r •.
SANDRA L ERICKSON
Commission # 1245065
i Notary PLNIC - California
Orange County
MyComm. fgaes Dec 7, 2003
Place Notary Seal Above
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persons whose nameW 4sfare
subscribed to the within instrument and
acknowledged to me that hefshe/they executed
the same in hisfher /their authorized
capacity (ies , and that by hisfher /their
signature(.&) on the instrument the personal, or
the entity upon behalf of which the personja)
acted, executed the instrument.
WITNESS my hand and official seal.
Signatbre of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Subdivision improvement Agreement
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
I
®1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll -Free 1. 800 - 876.6827
EXECUTED IN TRIPLICATE 24 -15 -12
Bond No.:
Premium included in Performance Bond
CITY OF NEWPORT BEACH
SUBDIVISION LABOR AND MATERIALS BOND
d i/r�v
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and
THE IRVINE COMPANY,A DELAWARE CORPORATION , hereinafter designated as "Principal," are
about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the
Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public
Improvements which said agreement, dated , 19 , and identified as
Agreement for Construction of Improvements (Resubdivisionrrract No. 1006 ), is hereby referred to
and made a part hereof (the "Agreement'); and PM 9 -102 O'HILL PORTION
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure
and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and
equipment for the performance of the Agreement.
NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY
as surety whose place of business is 777 S. Fieueroa St. , 15th Fl.. Los Angeles _ CA 90017
a corporation organized and doing business under the and by virtue of the laws of the State of NEW YORK
and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety
upon bond or undertaking required or authorized by the laws of the State of California, are held firmly bound
unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO /100 - - - --
------------------------------------------ Dollars($ 16,000.00 ), for equipment
and material furbished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount
hereinbefore set forth, that also if suit is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; other-
wise, it shall be and remain in full force and effect.
The Surety and Principal further agree in the even the work and improvements are not completed with the
time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at
its own option, and in addition to any other remedies available by law, complete or arrange for completion of
the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City,
as set forth in the Agreement.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surely above
named on March 30th A&c 2000.
A
?it
Approved as to Sufficiency: \,
Mayor
Approved as to Form:
Cfty AUWW
AGMUS046MAND; tomw
IRVINE COMPANY.A.DELAWARE CORPORATION
Irvine Office, Company, a division of The Irvine Company
By: A
Vincent P. Hayes, Assistant Secretary
AMERICAN HOME ASSURANCE COMPANY
Surety
By: O
AUNDPA T.. GINGRAS Attorney -In Fact
\inericait home Assurance COInpany POWER OF A11 ORNFY
Notional Union Fire lsurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, Ncw York, N.Y. 10270 No. 05 -B -01 ' ,3
KNOW ALL MEN BI TIIESE PRESENTS:
that American Home Assurance Company', a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
--- 'ITacy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Gingras,
William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker: of Los Angeles, California - --
its true and lawful Attorneys) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 8th day of December, 1999.
t 'Lawrence W. Carlstrom, Senior Vice President
oOO National Union Fire Insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 8th day of December, 1999 before rare came the
above named officer of American Home Assurance Company and
National Union Fire Insurance Companv of Pittsburgh, Pa., to me
personally known to be the individual and officer dc:cribcd herein,
and ail: i:ow l dgcd that he executed the ..:.1 and
affixed Lhc scab of said corporations thereto by attn:prily of his
s C
JOSEPH g. NOIIOLIO
�arY Public. Stare , r." Yorl
No. 01-N04652754
Qualified in Westchenerr Cort: r; +r
Ewra Expires J.M. 31, 1/jV�i'?
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and
act liar and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemmiry and writings obligatory in the nature
thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surely business;
"RESOLVED, that the signatures and attestations of such officers and the seal of doe Company may be affixed to any such Power of Attorney or to :on
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or eTiting obligatory in the
nature thcreo I,
"RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later [Iran the date of delivery thereof by such Attomcy -in- fact."
1. 1-lizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby ccni l',
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations. and the Powcrs of Attorncv issued pursuant 111crclo.are
true and correct, and that both the Resolutions and the Pusvers of Attomev are in full force and %fleet.
IN U IT \I:SS NVIIERE01., I have hereunto set my hand and affixed the faesioilc seal ofeach corporation
wts -dra
30th March 2000
-- y nr
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al-s� ,. �rar a
i't7 ' - 7 I:hz nh.Ih M. I Lick. Sccrclnty
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ALIFQIIAAL<L PUIPQSEACKNOVILE °D`C '�
State of California
County of Los Angeles
On March 30, 2000 before me, Maria Pena, Notary Public,
personally appeared Saundra L. Gingras personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MARIA PENA 1�
Commission # 1216383 1
i NC0 tory Public -- Colifomia Maria Pefla
Los Angeles County
`s
MY Comm. Expires Apr 18. 2003 J
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange ss.
On 4r,; 1 111 1,1 , before me, Sandra L. Erickson, Notary Public
Date Name and Title of officer (e.g.. 7am Dan. Notary Public') '
personally appeared William R Hallfard & Vin Pn1 P Hai PS
Nama(s) .&.W
ye
Notary Seal Above
51 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personfg) whose nameW is /are
subscribed to the within instrument and
acknowledged to me that hek4withey executed
the same in hisAlter /their authorized
capacityaW, and that by hiss h /their
signatureW on the instrument the persona or
the entity upon behalf of which the personfg])
acted, executed the instrument.
WITNESS my hand and official seal.
SignakIn, of Notary Public
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful geif'p ce.1 L & M Bond #24-15-1.2
Document Date: _ April 4, 2000 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
C 1997 National Notary Association • 9350 De Soto Ave., too Box 2602 • Chalsvrodh. CA 91910 -2002 Prod. No, 5901 Reorder Call Toll -Free i.sw- 8]6682)
IM1
EXECUTED IN TRIPLICATE Bond No.: 24 -15 -12
Premium: $100.00
CITY OF NEWPORT BEACH
SUBDIVISION FAITHFUL PERFORMANCE BOND
0 .v.«
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and
THE IRVINE COMPANY.A DELAWARE CORPORATTON , hereinafter designated as "Principal," are
about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the
Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public
improvements which said agreement, dated '19 , and identified as
Agreement for Construction of Improvements (ResubdivisionlTYact No. ), is hereby referred to
and made a part hereof (the *Agreement"); and PM 94- 102 /0'HILL PORTION
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful
performance of the Agreement,
NOW, THEREFORE, We the Principal and _AMERICAN HOME ASSURANCE COMPANY
as surety whose place of business is 777 S. Fi¢ueroa St. , 15th Fl. , Los Angeles, CA 90017
a corporation organized and doing business under the and by virtue of the laws of the State of NEW YORK
and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety
upon bond or undertaking required or authorized by the laws of the State of California, are held firmly bound
unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the Agreement in the penal sum of SIXTEEN THOUSAND AND NO/ 100---- -
----------- -------------- ----------------- Dollars ($ 1 ,000.00-- - - - -), lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is that if the above bound Principal, his, her or its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the Agreement and any alteration thereof.made as therein
provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its
officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; other-
wise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, included reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, all to be taxed as cost and included in any judgment rendered.
The Surety and Principal further agree in the even the work and improvements are not completed with the time
allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its
own option, and in addition to any other remedies available by law, complete or arrange for completion of the
work and improvements, and all costs and expenses therefor shall become a debt due and owing said City,
as set forth in the Agreement.
The Surely hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in anywise affect its obligation on this bond and it does hereby waive notice of any change,
extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named on March 30th IR 2000
Approved as to Sufficiency:
Mayor
Approved as to Form:
Clly Adorney
AcrsueoPMBP o: moz
P� AFP9O THE IRVINE
c� t
By:
William 1
Irviney
By:
CORPORATION
a division of The Irvine Company
AMERICAN HOME ASSURANCE COMPANY
Surety
By: zde!OL / /
Attorney-In-Fact SAUNDRA L. GINGRAS l( // //
American [Lome Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, N.Y. 10270
KNOW ALL LIEN BY TIIESE PRESENTS:
PONVER OF ATTORNLY
Nu. 05 -11-01233
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
-- -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Gingras,
William A. Sadler, Dennis T. Menard [it, 1llaria Pena, Betty Walker. of Los Angeles, California - --
its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
this 8th day of December, 1999.
Lawrence W. Carlstrom, Senior Vice President
o[A National Union Fire Insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
On this Sth day of December, 1999 before me came the
above named officer of American Home Assurance Company and
National Union Firc Insurance Company of Pittsburgh, Pa., to me
personally known to be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
30SEPH 8- NOZZOLIO
NW&rY Public. State n' yew York
No- 01-N04652754
°htted in Westcheste Co nth'
dwm Expires Jan. 31,�
I
CERTIFICATE
Excerpts 'of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Compan > of
Pittsburgh, Ila. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the name
thereof. and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indenmity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in Stich
certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact."
I. Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa, do hereby ccrtik
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, atc
tube and correct, and that both the Resolutions and the Powers of Attorney arc in full t'orce and effect.
IN NN H NESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of cacti corporation
this 1 111
tx _. •�yvxa^ -.4'f r X49 '��. Iii
n?lol, i -I vn,
State of California
County of Los Angeles
On March 30, 2000 before me, Maria Pena, Notary Public,
personally appeared Saundra L. Gingras personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MARIA PENA
Com=,,?n 0 12163x9
ti Notary PUbl'iC— Calitamla
Los Angeles County
My Comm. Expires Ap 18, 2003
iQ5
Maria Pena
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of Orange
On ri I I�, a-Do0 , before me, Sandra L. Erickson, Notary Public ,
Data Name mM Tale of OrKer (e.g.,'Jarre Doe, Notary Public')
personally appeared ,
na.
•r' i
Place Notary Seal Above
Cp personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(;§) whose named +s /are
subscribed to the within instrument and
acknowledged to me that hefshe/they executed
the same in hisfher /their authorized
capacity igs), and that by hislher /their
signature4s) on the instrument the person(s), or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
�.t yPubli .�
Signs a or Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Fai.t.Al $°*�&.cc it L & ?A Bend 4-124 15 12
Document Date: Anril 4. 2000 Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
• Individual
Top of thumb here
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 Nalimal Notary Association • 9350 be Solo Ave.. PO. Bar 2402 • Chatbo with. CA 91313 -2602 Proil. No. 5907 Reortler Call Toll -Free 1- 800 - 8766827
EXECUTED IN TRIPLICATE
Bond No.: 24 -15 -11
Premium included in Performance Bond
CITY OF NEWPORT BEACH
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and
THE IRVINE COMPANY.A DELAWARE CORPORATION hereinafter designated as "Principal; are
about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the
Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public
improvements which said agreement, dated '19 , and identified as
Agreement for Construction of Improvements (Resubdivisionfrract No. 1006 1, is hereby referred to
and made a part hereof (the 'Agreement"); and PM 94 -102
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure
and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and
equipment for the performance of the Agreement.
NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY
as surety whose place of business is 777 S. Fioveroa St.. 15th Fl.. Los Aneeles. CA 90017
a corporation organized and doing business under the and by virtue of the laws of the State of NEW YORK
and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety
upon bond or undertaking required or authorized by the laws of the State of California, are held firmly bound
unto the City of Newport Beach and all contractors, subcontractors, laborers, malerialmen, and other persons
employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND N01100---
------------------------------------------- Dollars ($ 62,000.00 ------ ), for equipment
and material furbished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount
hereinbefore set forth, that also if suit is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; other-
wise. it shall be and remain in full force and effect.
The Surety and Principal further agree in the even the work and improvements are not completed with the
time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at
its own option, and in addition to any other remedies available by law, complete or arrange for completion of
the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City,
as set forth in the Agreement.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
,r
IN WITNESS WHEREOF. this Instrument has been duly executed by the Principal and Surety above
named on March 30th ,49 2000 .
A
Approved as to Sufficiency: t
Mayor
V
Irvine Office Company, a division of The Irvine Company
By:
Vincent P. Hayes, Assistant Secretary
Approved as to Form: AMERICAN HOME ASSURANCE COMPANY
CRy AltwM
AGOAKB LWAP . lam=
Surely
0
By:
SAUNDRA L. GINGRAS Attomey -In -Fact
Arflerican Home Assurance Company POWER OF ATTORNh:Y
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Officer 70 Pine Street, New York, N.Y. 10270 No. O > -11 -012 id
KNONV ALL MEN BY - I'IIESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
-- -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Cingras,
William A. Sadler, Dennis T. Meuard 111, Maria Pena, Betty Walker: of Los Angeles, California - --
its true and lawful Atiorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 8th day of December, 1999.
t�Lawrence W. Carlstrom, Senior Vice President
0'01 National Union Fire Insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 8th day of December, 1999 before me came the
above named officer of American Home Assurance Company and
National fire Insurance Company of Pittsburgh, Pa., to me
personally w be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
Office.
3OSEPH 8, NOZZOLIO
Notary Public. Sfere n .rew York
No. 01- N04652754
Qualified in Westuheate Co njy
"M Expirm tan. 31.
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh. Pa. on May 18, 1976:
I< .VF-D. that the Chairman of the Board, the f:esi lent, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to am
ll:crctu by (aesimile, and :ua; :uch Prover of Attorney or ceriGcatc he::ring such fimsimik sigrat:ves or facsimile seal sha;l be valid and
binding upuu dm Company when so of ixcd with respect to any bond, undertaking, recognizance or other contract of indemnity or %�Titing obligatory in tic
nature thereof:
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact."
1. Elizabeth M. "fuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto. arc
true and correct. and that both the Resolutions and the Powers of Attorney are in full torte and effect.
LN %%I f NESS 1VI H: R1-"OF, I have heremuo set my hand and affixed the facsimile seal of each corporation
11,
this 30th dav of March 2000
State of California
County of Los Angeles
On March 30, 2000 before me, Maria Pena, Notary Public,
personally appeared Saundra L. Gin9ras personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MARIA PENA
omr nission # 1216383 qC
UICCOIIfornia COs Angeles County
Comm. Expires Apr 18. 2003
,3
l s;
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On I I l l a-0U0 —before me, Sandra L. Erickson, Notary Public
Dale Name and TNe of officer (e.g., 'Jane Doe, Notary Public)
personally appeared William R Halford & WienI P Ha)ces
Name(s)of ,gner(s)
SANDRA L ERICKSON
Commission # 1245065
Z -a y=.. Notary Public - California y
Orange County
nsyCOMMEli iresDec7,200ri
Place Notary Seal Above
A personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(, whose name(g is/are
subscribed to the within instrument and
acknowledged to me that heMhe /they executed
the same in hisAw /their authorized
capacity(LW, and that by Nief#ter /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person,(s�
acted, executed the instrument.
WITNESS my hand and official seal.
tC)llikdil�. DT . �,ha.o-,✓
Signatur6 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Fmithfid Por .e
I T , A4 Flon 1 NSA 15 1 1
Document Date: April 4. 2000 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner —❑ Limited ❑ General
El
El
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
LN
0 1997 National Notary Association • 9350 De Soto Ave.. P O. Box 2402 • CbalSnvrth. CA 91313-2402 Prod, No. 5907 Reorder. Call TWbFree 1 800- 8766827
EXECUTED IN TRIPLICATE
Bond No.: 24 -15 -11
Premium: $310.00
CITY OF NEWPORT BEACH
SUBDIVISION FAITHFUL PERFORMANCE BOND
//1 dr.✓6 4a.
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and
THE IRVINE COMPANY,A DELA14ARE CORPORATION , hereinafter designated as "Pdncpal," are
about to or have entered into an agreement pursuant to the State of California Subdivision Map Act and the
Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public
improvements which said agreement, dated .19 , and identified as
Agreement for Construction of Improvements (ResubdivisiorvTract No. 1006 ), is hereby referred to
and made a part hereof (the "Agreement"); and PM 94 -102
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful
performance of the Agreement, _
NOW, THEREFORE, We the Principal and AMERICAN HOME ASSURANCE COMPANY
as surety whose place of business is 777 S. Figueroa St. , 15th Fl. , Los Angeles, CA 90017
a corporation organized and doing business under the and by virtue of the laws of the Stale of NEW YORK
and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surely
upon bond or undertaking required or authorized by the laws of the State of California, are held finely bound
unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the Agreement in the penal sum of SIXTY TWO THOUSAND AND NO /100 - --
------------------------------------------ Dollars ($ 62,000.00- - - - -- ), lawful money of
the United Stales, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is that if the above bound Principal, his, her or its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein
provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their We intent and meaning, and shall indemnify and save harmless City, its
officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; other-
wise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, included reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, all to be taxed as cost and included in any judgment rendered.
The Surety and Principal further agree in the even the work and improvements are not completed with the time
allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its
own option, and in addition to any other remedies available by law, complete or arrange for completion of the
work and improvements, and all costs and expenses therefor shall become a debt due and owing said City,
as set forth in the Agreement.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in anywise affect its obligation on this bond and it does hereby waive notice of any change,
extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above
named on March 30th 393 2_ -
Approved as to Sufficiency:
Myor
Approved as to Form:
OBHyE: IRVINE COMPANY A DELAWARE CORPORATION
Y.
Milli lfo , President
Irvine Offi�c�efCampany, a division of The Irvine Company
vinmnr Myes, Asslst4waecreitary
�GRAS Aftorney-lrjv�F
American Horne Assurance Company 11MVER OF,I fTOR`'EY
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office:. 70 Pine Street, Ncw York, N.Y. 10270 No. 041- 01'_;3
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New fork corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
- -Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Edward J. Stuart, Lisa L. Thornton, Saundra L. Cingras,
William A. Sadler, Dennis T. Menard 111, Maria Pena, Betty Walker: of Los Angeles, California - --
its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 8th day of December, 1999.
ii
ti Lawrence W. Carlstrom, Senior Vice President
om National Union Fire Insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK I
COUNTY OF NEW YORK Iss.
On this 8th day of December, 1999 before me came the
above named officer of American Home Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
ptrso; ;ally known to be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
A-11-�
JOSEPH B. NO OLIO
Ndery Public, stare ". vew Yorj
No. 01- N04652754
.Qualified in We,chasre Co nly'
'Twin Expires tan. 31,
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Companc of
Piusburgh, Pa. on May 18, 1976:
-.., o ' . t:..a the Chaimlan of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Auomeys -in -Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such Officers and the seal of the Company may be affixed to any such Power of Auomcc or to :my
ccftntcalc rclanng thereto by facsimile, and any such Power of Attorney or certificate bearing such facsin11L si'Maures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
AILSOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Auomey -in -Fact "
I. Elizabeth M. "fuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hercb� emit,
that the foregoing excerpts of Iesolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto. are
true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
I 11TFNNIiSS WHEREOF, I have hereunto set any hand and aftizcd the facsimile seal of each corporation
this 1 111
/ sl' rl�.
j(3 �.�+I I y�% .' l
0 rZ
.,1'nt,i. t'+ . y a 1
of lnn In /991
State of California
County of Los Angeles
On March 30, 2000 before me, Maria Pena, Notary Public,
personally appeared Saundra L. Gingras personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
=PubT-IC NA
1216383
CCIIIOrn10 ounly Ap r I8.2003
96
Maria Pefia
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On 9pr I 11) 2-000 , before me,Sandra L. Erickson, Notary Public
T —Date Name aM TNe of officer (e.g., *Jane Doe, Notary Pudic) '
personally appeared Wminm R Ljalford & Vinre*+t P F.1 e5z
Neme(s) of 'goer(
SANDRA L ERICKSON
COMMI tlOn # 1245M
Notary Public - Coliforria
)Myco- Or ange County
':n.fiq�iresDec7.27ai
Plaos Notary Seal Above
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personU whose nameUs islare
subscribed to the within instrument and
acknowledged to me that he/she /they executed
the same in hielher /their authorized
capacity Les), and that by hisfher /their
signaturejs) on the instrument the persons, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand ��annpd official seal.
�JQn 4U a � Gti1 c�
Ngnatualf of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
- and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Foithf.t�AeIfilrun,ance / L &11 A 424-15-3 1
Document Date: April 4. 2000 Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
i
Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1997 National Notary Association • 9050 De Soto Ave.. P.O. Box 2402 - ChalswoM. CA 913112402 Pmci. No. 5907 Reonler: Call Toll -Free 1.800 - 878-8827
S��loo -k to
-� O HILL PARTNERS
_ ONE UPPER NEWPORT PLAZA
NEWPORT BEACH
CALIFORNIA 92660
(949) 752 -0700
May 9, 2000 (949) 752 -0885 FAX
HAND DELIVERED TO:
Honorable Mayor John Noyes and City Council Members
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Parcel Map 94 -102
Item #10 Tonight's City Council Consent Calendar
Dear Mayor and Council Members:
O Hill Partners is the owner of Parcels 1 and 2 shown on Parcel Map 94 -102. The Irvine
Company ( "TIC ") and O Hill Partners are the owners of Parcel 3. O Hill Partners and Irvine
Office Properties have tried to reach a compromise regarding the design and completion timing
for the private street to be constructed between Farallon Drive and Clubhouse Drive to satisfy
Condition #6 of Parcel Map 94 -102. We believe that we had reached such a compromise;
however, late last week Irvine Office Company refused to give us comfort in a written easement
to be recorded currently with granting a portion of Parcel 3 to TIC. Therefore, O Hill Partners
requests that Item #10 which is the Subdivision Agreement be removed from the Consent
Calendar we respectfully request the following changes be made to the Subdivision Agreement:
That the completion period for the private street be a maximum of 1 year instead of 3
years. Justification: The street is needed to alleviate a hazardous condition on our
property and to continue the access to Newport Center Drive from The Tennis Club and
The Golf Club. Our position is that the referenced private street which is Condition #6 of
Parcel Map 94 -102 should have been built concurrent with Corporate Plaza West because
the traffic generated by Corporate Plaza West exasperated the hazardous conditions on
our property and because that had always been the understanding and expectation. For
the same reason, we believe that Condition #6 should be complied with prior to or
concurrent with the recordation of Parcel Map 94 -102 and that another year from April
11, 2000 is more than sufficient time to resolve this urgent matter.
That the improvement plans for the private street be agreed to by the two landowners and
the City prior to the recordation of Parcel Map 94 -102 and attached to the Subdivision
Agreement. Justification: Despite our engineers' request and my request to both Bill
Halford and Tom Lee in writing and verbally, TIC has refused to release the plans for the
subject private street which is built on our property and a little less than one acre of our
property which is currently undeveloped and we are deeding to TIC for that purpose after
the recordation of the Parcel Map and is access to our Parcel 1 and 2 of Parcel Map 94-
102. Since this street is built through are property and is access to our property but is
secondary access to Corporate Plaza West, the design is important to us.
Honorable Mayor John Noyes and City Council Members
May 9, 2000
Page 2 of 2
• That the amount of the bond for these improvement be increased from 50% of the
estimated cost of the improvements to 100% of the estimated cost of the improvements,
which our engineer believes is very conservative. Justification: Since TIC was able to
obtain its primary access to Corporate Plaza West, this secondary access is no longer
needed. There should be bonding closer to the actual costs which TIC is obligated to pay
at its sole cost and expense per the SLUR Agreement.
Thank you for your consideration of the above request.
Sincerely
% yours,
Robert /O Hill
ROH/bem
xc: Homer Bludau, City Manager
Richard Hoffstadt, Development Engineer
DICTATED BUT NOT READ
TO: Honorable Mayor John Noyes and City DATE: 05/23/00
Council Members, City of Newport Beach
FROM: Robet O Hill
RE: Parcel Map 94- 102 /Item #25 of Tonight's City Council Agenda
Subdivision Agreement
Enclosed are copies of the letter sent to Robert Burnham regarding the above
referenced matter.
SENT BY:
O HILL PARTNERS
COUNCIL AGE DA
NEWPORT NEWPORT PLAZA
NEWPORT BEACH
y1
N0. 6125100
CALIFORNIA 92660
(949) 752 -0700
❑ CERTIFIED MAIL -R /R
(949) 752-0885 FAX
TO: Honorable Mayor John Noyes and City DATE: 05/23/00
Council Members, City of Newport Beach
FROM: Robet O Hill
RE: Parcel Map 94- 102 /Item #25 of Tonight's City Council Agenda
Subdivision Agreement
Enclosed are copies of the letter sent to Robert Burnham regarding the above
referenced matter.
SENT BY:
THE ENCLOSED ARE: LETTER OF TRANSMITTAL
❑ MAIL
O PER YOUR REQUEST
O FED EX
FOR YOUR REVIEW
❑ CERTIFIED MAIL -R /R
FOR YOUR APPROVAL
❑ YOUR PICK UP
❑ FOR YOUR USE ON JOB
HAND DELIVERED
❑ FOR YOUR FILES
❑ SPECIAL MESSENGER
❑ FOR YOUR SIGNATURE AND
OOTHER
RETURN
0 OTHER
.
O HILL PARTNERS
ONE UPPER NEWPORT PLAZA
NEWPORT BEACH
CALIFORNIA 92660
(949) 752 -0700
(949) 752 -0885 FAX
May 23, 2000
HAND DELIVERED TO:
Robert Burnham
City Attorney
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92660
Re: Parcel Map 94 -102
Item #25 of Tonight's City Council Agenda
Subdivision Agreement
Dear Mr. Burnham:
As you may recall, I appeared at the May 9, 2000 City Council Meeting and presented a letter to
Honorable Mayor John Noyes and City Council Members, a copy of which is enclosed for your
reference. At that Council Meeting, the above - referenced matter was continued with a comment
from The City Manager, Mr. Bludau, that TIC, ourselves and The City representatives should
meet in an attempt to work this matter out. We are ready and willing to meet; however, such a
meeting has not been scheduled and to my surprise, this matter is back on the Council Agenda
for tonight. I strongly believe that such a meeting should occur and should include our civil
engineer, so that the preliminary plans showing the alignment and the cross section of the road
can be discussed and agreed upon and attached as an exhibit to the Subdivision Agreement. In
order to clarify our standing in this matter, I would like to respectively advise you of the
following:
The Subdivision Agreement pertains to Parcels 1, 2 and 3 of Parcel Map 94 -102. We are
the owners of Parcels 1 &2 and currently own a portion of Parcel 3 together with TIC.
The roadway, which is per Condition #6 of TPM 94 -102, is 100% on our property and
after deeding the portion of our property within Parcel 3 to TIC, will be approximately be
50% on our property.
There exists a hazardous condition on Parcels 1 &2 of our property which the roadway,
required per Condition #6 and subject to the Subdivision Agreement, will eliminate. The
original understanding was that the subject roadway would be built concurrent with the
development of Corporate Plaza West. Unfortunately, this did not occur and the
increased traffic generated by Corporate Plaza West has exasperated the hazardous
condition on our property.
4.
Robert Burnham
May 23, 2000
Page 2 of 2
We object to the Subdivision Agreement being entered into for a roadway on our
property without, at a very minimum, having the preliminary plans and cross section,
which exist for the subject roadway, being attached as an exhibit. In addition, we believe
that a three -year time period to construct the subject road, under the circumstances,
should be shortened. As an aside, I do not understand why we are not a party to the
Subdivision Agreement which involves a Parcel Map for we own two of the Parcels and
the land where the roadway is supposed to be built.
Unfortunately, I am out of town and will not be able to attend tonight's City Council Meeting. I
have contacted the City Manager, Homer Bludau, and requested a continuance of the subject
matter so that the meeting suggested at the last City Council Meeting between TIC, The City and
ourselves occur.
Thank you.
Sincerely yours,
% i-
Robert O Hill
ROH/trb
Enclosure
xc: Homer Bludau, City Manager
Honorable Mayor John Noyes
City Council Members
JK, by Fax w /encl.
DICTATED BUT NOT READ